Free Motion to Stay - District Court of Federal Claims - federal

Case 1:03-cv-00288-EJD

Document 9

Filed 04/11/2003

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS CHEVRON U.S.A. INC., and TEXACO INC., and TEXACO DOWNSTREAM LLC, Plaintiffs, vs. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

No. 03-288C (Chief Judge Damich)

JOINT MOTION TO STAY PROCEEDING Plaintiffs, Chevron U.S.A. Inc., Texaco Inc., and Texaco Downstream LLC (collectively "ChevronTexaco") and Defendant, the United States, respectfully submit this Joint Motion to Stay Proceedings. ChevronTexaco and Defendant jointly request that the Court stay proceedings in this case, except for the discovery of documents relating to award and performance of the underlying fuel contracts, until the earlier of: (1) the Court's issuance of a decision upon the parties' cross motions for summary judgment in Sunoco v. United States, No. 02-466C (Fed. Cl.) (Damich, CJ); or (2) six months. ChevronTexaco and Defendant have agreed that, should the Court subsequently decline to dismiss plaintiffs' complaint in Sunoco, neither ChevronTexaco nor Defendant will seek a stay of discovery here in order to submit a motion for summary judgment. Recently, in the similar case of Marathon v. United States, No. 02-1218C (Fed. Cl.) (Damich,

Case 1:03-cv-00288-EJD

Document 9

Filed 04/11/2003

Page 2 of 2

CJ), the parties agreed, and the Court provided, that the case be stayed on similar terms.1 ChevronTexaco and Defendant respectfully request that the same course be followed here. Respectfully submitted, /s J. Keith Burt___________ J. Keith Burt Mayer, Brown, Rowe & Maw 1909 K Street, N.W. Washington, D.C. 20006 (202) 263-3208 (Phone) (202) 263-5308 (Fax) Of Counsel: Lee H. Rubin Monica A. Aquino Mayer, Brown, Rowe & Maw 1909 K Street, N.W. Washington, D.C. 20006 Paul Truebenbach John K. Wyma Chevron, U.S.A. Inc. 6001 Bollinger Canyon Road San Ramon, California Attorneys for Plaintiffs Chevron U.S.A. Inc., Texaco Inc., and Texaco Downstream LLC Dated: April 11, 2003 /s Steven J. Gillingham_______ STEVEN J. GILLINGHAM Senior Trial Counsel KYLE CHADWICK Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 1100 L Street, 8th Floor Washington, D.C. 20530 Tele: (202) 616-2311 Fax: (202) 353-7988 Of Counsel: BERNARD A. DUVAL Counsel HOWARD M. KAUFER Assistant Counsel Defense Energy Support Center Attorneys for Defendant Dated: April 11, 2003

ChevronTexaco and Defendant understand that they are at liberty to file motions for summary judgment regardless of the outcome in Sunoco, but that they will not seek stays for the purpose of filing those motions. 2

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